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asianisafish
12-10-2015, 12:07 AM
So I've always been told that if you rear end someone, its generally always your fault for various reasons.

So lets say there are 3 drivers. You, Driver A, driver B

Driver B hits Driver A and Driver A car is knocked into your lane

your car then hits Driver A car from the sudden accident Involving Driver B hitting Driver A

Are you at fault for hitting driver A?

How would this scenario play out?

StangFan25
12-10-2015, 12:14 AM
Would you happen to be one of the parties in this scenario? From my experiences, driver B causes it, they're on the hook for all damages caused.

KMdef9
12-10-2015, 12:21 AM
With your very limited details, in the state of MI, with witnesses or course, driver B is on the hook as they're the only one who will get a ticket. Will be up to the police and possibly a judge.

But, this depends on insurance as well. With AAA, as long as I'm not 51%(or more)at fault, I pay nothing.

dcjredline
12-10-2015, 12:30 AM
NY is "no fault" state so no one is at fault. Its a beautiful thing (NOT)

Eldorado2k
12-10-2015, 12:42 AM
If that happened to me, I'd get out and tell both of them "ok, I don't want any part of this on my insurance, I don't want any part of this at all! Since he hit you and caused this whole situation to happen, how about we forget I was even here and you can both agree that all your damage was caused by 1 car, his car rear ending you"

Then I'd go away and fix my own car. Hopefully the damage isn't too bad, but I'll live.

But if the damage to your car is significant, then I don't know I guess you might stick around and get involved. But I doubt you'll be at fault. But you never know, which is why I would rather not be in the report.

Call your insurance company and ask them the same question. I've done it before and they had no problem with me asking an anonymous question like that, even though it was pretty obvious I was asking about my own situation.

Dmb5450
12-10-2015, 06:55 AM
So I've always been told that if you rear end someone, its generally always your fault for various reasons.



So lets say there are 3 drivers. You, Driver A, driver B



Driver B hits Driver A and Driver A car is knocked into your lane



your car then hits Driver A car from the sudden accident Involving Driver B hitting Driver A



Are you at fault for hitting driver A?



How would this scenario play out?


Was your car moving at the time of impact? If so insurance may say you are partially at fault due to not being aware of your surroundings and anticipating a collision. If you were stopped you are not at fault due to not having the option to get out of the way. This is what I was told by both insurance companies when I got rear ended and I was stopped at a light. Other driver said it was my fault for not not getting out of the way if I didn't think she was gonna stop.

David Hayward
12-10-2015, 07:29 AM
If that happened to me, I'd get out and tell both of them "ok, I don't want any part of this on my insurance, I don't want any part of this at all! Since he hit you and caused this whole situation to happen, how about we forget I was even here and you can both agree that all your damage was caused by 1 car, his car rear ending you"

Then I'd go away and fix my own car. Hopefully the damage isn't too bad, but I'll live.

But if the damage to your car is significant, then I don't know I guess you might stick around and get involved. But I doubt you'll be at fault. But you never know, which is why I would rather not be in the report.

Call your insurance company and ask them the same question. I've done it before and they had no problem with me asking an anonymous question like that, even though it was pretty obvious I was asking about my own situation.




I don't understand why if you aren't at fault why you would leave. Do you have a car full of drugs you don't want to be found lol?

As for the original question if you are just driving in your lane and another vehicle enters it and you hit them you shouldn't be at fault unless they were driving in the same direction as you and you just didn't see them and you rear ended them and past that you only should be in any trouble if you were under the influence of alcohol or drugs.

SYMAWD
12-10-2015, 08:20 AM
I don't understand why if you aren't at fault why you would leave. Do you have a car full of drugs you don't want to be found lol?

As for the original question if you are just driving in your lane and another vehicle enters it and you hit them you shouldn't be at fault unless they were driving in the same direction as you and you just didn't see them and you rear ended them and past that you only should be in any trouble if you were under the influence of alcohol or drugs.

If you don't want it on your Carfax.

David Hayward
12-10-2015, 08:31 AM
Doesn't that only get on the carfax if repairs are done not just having your name on a police report? And then past that if someone is buying your car later isn't it only fair they know it was repaired?

7PaintGuns
12-10-2015, 08:43 AM
In Ohio driver A would be at fault because he entered your lane, regardless of reasoning.

FUNX650
12-10-2015, 09:37 AM
So I've always been told that if you rear end someone, its generally always your fault for various reasons.

Generally always...but not: Always always.
(Comparative negligence comes to mind)



Are you at fault for hitting driver A?

How would this scenario play out?
IMHO there is no room for speculation when
it comes to determining "who's at fault" at
the scene of an accident...or, the waiving of
third-party liability claims.

Then again:
Remember that when seeking out "legal advice"
on a detailing forum...you get what you pay for.


Bob

Eldorado2k
12-10-2015, 10:04 AM
I don't understand why if you aren't at fault why you would leave. Do you have a car full of drugs you don't want to be found lol?


Nope the car's not full of drugs. And even if it was, they'd be locked in the trunk, not falling out of the crashed front bumper. Lol.

... But anyways, there's a couple of reasons why I'd choose to do it that way. For 1, it's going to cost you. Even if you're not at fault, going through the insurance means you're going to have to pay the premium of at least $500 no matter what. Then it goes on your driving record which in turn raises your insurance rates for the next few years. Not to mention, in the situation he described it's not totally impossible that you might just be at fault, considering you hit the rear of another vehicle. There's nothing good about any of that.

I've always done my best to ensure I keep a clean slate not only in regards to criminal record, but just as important is a clean driving record.

I've been pulled over 3 times since March, twice for bearly slowing down at a stop sign, and both times I've been fortunate enough to be let off with a friendly warning. The other time I was stopped for no reason at all aka racial profiling.. And even that time everything turned out ok because I know how to be respectful and just treat the cops like normal cool people.

I've been very fortunate. *knocks on wood*

As far as the person who purchases the car from you deserving to know if it's been crashed or had any major repairs? Well that's why you tell them the complete and honest truth when you're selling the car to them! Who sells a car and lies about it's history? Smh.

Anything beyond the person you sell it to becomes part of the past and not your responsibility. It's only a car afterall. There's more important things in life than the details on a carfax. Lol.

David Hayward
12-10-2015, 10:10 AM
Hmm maybe it's different here, but someone hit me once and it cost me nothing. Nothing goes on your record as an accident or anything unless you were determined at fault and cited for some type of violation. It will cost you though if the at fault driver was either under, or not insured. But just leaving the scene is going to for sure cost you no matter what. I'd rather stick around if I know I'm not at fault to have the chance at their insurance covering it.

David Hayward
12-10-2015, 10:11 AM
And as for the carfax thing, that's what I was getting at. If you are going to tell someone anyway what does it matter if it's on the carfax. I know it's not the end all be all on a cars history since people can either know a friend or shop or fix the car themselves and never have records. But if the car has been hit I see no reason to worry about it being on your car fax since it should be anyway.

David Hayward
12-10-2015, 10:14 AM
In Ohio the only way you would be at fault for this would be if you rear ended someone from not having assured clear distance. Now if that person swerved into your lane then you would be at fault probably assuming no witness being your word against theirs, but since they were hit and that caused them to travel into your lane the initial accident caused a situation that you couldn't avoid and that first person that hit the other car would be at fault.